Legal Opinion
Menominee Indian Tribe Of Wisconsin v. U.S. E.P.A.
District Court, E.D. Wisconsin
Decided December 19, 2018No. Case No. 18-C-108Published
1Opinion of the Court
1. APA claim regarding the EPA's withdrawal of its objections to the proposed permit
The Tribe asserts in the proposed amended complaint that the EPA's decision to withdraw its objections to the assumed Section 404 permit was arbitrary, capricious, and contrary to law under the APA. The APA authorizes suit by "a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action ... to judicial review thereof." 5 U.S.C. § 702. The APA allows a district court to "hold unlawful and set aside" any agency action that is "arbitrary, capricious, an abuse of…
2Cases cited32 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Bennett v. SpearSupreme Court of the United States · 1997
- United States v. SherwoodSupreme Court of the United States · 1941
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
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